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IN RE MARRIAGE OF KYLE

537 P.2d 585 (1975)

In the matter of the Dissolution of the Marriage of Steve T. KYLE, Appellant, and Joyce Marie Kyle, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1975.

Attorney(s) appearing for the Case

Donald W. Andrews, Portland, argued the cause for appellant. With him on the brief was David C. Bond, Portland.

George M. Jenks, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

THORNTON, Judge.

Appellant-husband appeals from those portions of a dissolution of marriage decree awarding custody of the minor children to respondent-wife and awarding support to the wife. The husband makes three assignments of error: (1) the court erred in treating an allegation that the wife was a fit and proper person to be awarded custody of the children in the husband's original petition1 for dissolution of marriage as a judicial...

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